Legal Position of Resolutions Drafted by Board of Trustees of Universities and Educational Institutions

Abstract

By virtue of the authorities prescribed by various laws and regulations including the “Law of University Board of the Trustees Formation” , The “Law of Goals and the Authorities of Ministry of Science and Technology” and article 20-B of Iran’s Fourth Development Law , universities are not bound to general obligations provided for state organizations / elements including particularly those in the law of Public Accounting, Civil Service Management Law, the Law of Bidding and Tenders and rather only bound to bylaws drafted by their board of trustees who may legislate in a wide variety of affairs including employment, administrative and financial policies. The question here is where do these regulations stand in the pyramid of legality? What is it the enforcers of law should do where these resolutions may contradict the constitution, laws passed by congress, statutory resolutions of the High Council of Cultural Revolution or the decisions of the cabinet?! Whether the authority and enforceability of such resolutions are only limited to universities or may also extend to other executive governmental bodies as well?! . Given the lack of relevant precedent in regards with exercising the extravagant authorities granted to the boards of trustees by the said laws and regulations, it is of grave importance to tackle on the subject and study its surroundings. This thesis is aimed at studying and investigating the validity, legal position and the scope to which these resolutions are enforceable.

Keywords

• university board of trustees
• executive organizations
• legal position of resolutions
• legislative independence